Old Manual of Settlement Law and Procedure
Old Manual of Settlement Law and Procedure legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
S. 2(12), provisos 1 & 2 read with Old Manual of Settlement Law and Procedure, para. 2, cls. 2 (a) & 3 and instructions dated 22-10-1959 issued by Chief Settlement Commissioner printed on pp. 68-70-Division of premises-Building composite-Chief Settlement Commissioner or his delegate empowered to specify part or parts of building as shop and house-Vertical division from ground to sky preferable but no bar in way of horizontal division either-Competent authority must however clearly specify parts of building to be separately treated as residential or business units-Rights of user of property in case of holder of lower tenement Shall not extend beyond line or level of division specified.
Sched., para. 15(3) and Settlement Scheme No. 1, para. 20 read with Old Manual of Settlement Law and Procedure, p. 140, para. 3, cls. (iv), (v), (vi) & (vii) -Conversioi: of portion of a composite property into industrial concern after 14th August 1947-Consequences attaching to such conversion, held, would not extend to remaining portions of property-Such retraining portions cannot be treated as located within premises of an industrial concern and shall retain their original character.
Displaced person" Connotation-Government servant belonging to territories now forming part of Pakistan residing in course of his employment at time of Partition in area now forming part of India-Not "displaced person"-Memo. No. 260-Comp-Reh./1959 dated 22-8-59-Manual of Settlement Law and Procedure, p. 91.
"Old Manual of Settlement Law and Procedure", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/15222
Precedents & Case Laws citing "Old Manual of Settlement Law and Procedure"
1973 S C M R 147
NISAR AHMAD‑Petitioner Versus CHIEF SETTLEMENT COMMISSIONER AND OTHERS‑Respondents
Court: High CourtP L D 1967 Lahore 786
Mst. BASHIR BANG-Petitioner Versus CHIEF SETTLEMENT COMMISSIONER AND ANOTHER- Respondents
Court:1970 S C M R 51
KARAM BAKHSH-Petitioner Versus MUHAMMAD ASHRAF AND ANOTHER-Respondents
Court: High CourtP L D 1970 Lahore 915
Mian MUHAMMAD ABDULLAH AND ANOTHER‑ — Petitioners Versus THE CHIEF SETTLEMENT AND REHABILITA TION COMMISSIONER, LAHORE AND 5 OTHERS‑ — Respondents
Court:1976 S C M R 33
ABDUL AZIZ‑Petitioner Versus SETTLEMENT & REHABILITATION DEPARTMENT
Court: High CourtP L D 1973 Supreme Court 439
MOHAMMAD YAQUB‑Appellant Versus SETTLEMENT AND REHABILITATION COMMISSIONER, LAHORE AND 5 OTHERS‑Respondents
Court:P L D 1975 Lahore 185
Mst. BILQIS SULTANA‑Petitioner Versus SETTLEMENT COMMISSIONER, LAHORE AND 2 OTHERS -Respondents
Court: ‑‑ S. 3‑Acquisition under S. 3 has to be by means of notification Property at first specifically excluded by Government from acquisition subsequently released by Government‑Cannot automatically form part of compensation pool unless notification under S. 3 issued‑ Mumtaz Sultana v. Settlement and Rehabilitation Commissioner P L D 1964 Lah. 388 dissented from.P L D 1966 (W
NAZIR AHMAD‑ — Petitioner Versus (1) Mst. SAKINA BIBI,
Court:P L D 1973 Karachi 200
ALI MUHAMMAD AND 8 OTHERS‑Petitioners Versus CHIEF SETTLEMENT COMMISSIONER AND 2 OTHERS‑Respondents
Court:P L D 1967 Lahore 946
Syed WAJID ALI AND 4 OTHERS-Petitioners Versus (1) GLOBE AUTOMOBILES LTD. AND
Court: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10 read with Ss. 35 & 31(1)-Settlement Scheme No. I, para. 20, read with para. 15(3), Schedule I, Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) and with Press Note dated 3-5-1960 Settlement Manual (Second Edition), p. 492-Para. 20 of Scheme directory Press Note dated 3-5-1960 not retrospective - Failure of Chief Settlement Commissioner to determine character of allegedly converted property before its transfer-No ground for divesting third parties of rights acquired in due course of law-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2(l2)"Shop"-Evacuee business premises-"Show room for new cars and trucks", and having a "petrol pump", held to be a "shop" Subsequent addition of machinery connected with occupant's trade as extension of business does not convert nature of premises-Application under Press Note dated 3-5-1960 after target date (21-5-1960) not competent-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss. 20, 21 & 32 Deputy Settlement Commissioner cannot entertain review or revision petition against order of Additional Settlement Commissioner as Chairman of Auction Committee-Case transferred from Deputy Settlement Commissioner to Additional Settlement Commissioner Deputy Settlement Commissioner becomes functus officio after transfer-Yousaf Ali v. Muhammad Aslam Zia P L D 1958 S C (Pak,) 104 ref., Fazal Karim & Bros. v. Chief Settlement and Rehabilitation Commissioner and others P L D 1964 Pesh. 129 and John Lemm v. Thomas Alexander Mitchell 1912 A C 400 considered.